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CITYof ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.V. v: if <br />NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of <br />the findings noted above, the City Council of the City of Orono hereby approves the <br />preliminary plat and planned residential development for Brook Park Realty/Tonka Venture for <br />the property heated at 3700-3760 Shoreline Drive per the plans dated 9-25-97 and most <br />revised on February 4, 1999 by Westwood Professional Services, Inc., for a 29 unit townhome <br />development, subject to the following conditions: <br />1. <br />2. <br />3. <br />5. <br />This approval is contingent on settlement of the litigation referenced above. <br />This approval shall not be effective unless and until the applicant/subdivider <br />enters into a binding settlement agreement acceptable to the City and its <br />attorney. <br />The Department of Natural Resources (DNR) shall be asked to determine the <br />Ordinary High Water Level (OHWL) of Basin 27-914W. The proposed roadway <br />will need to be realigned if any portion encroaches below the OHWL. A formal <br />wetland delineation shall be conducted to determine the extent of the Wetland <br />Conservation Act (WCA) wetland i. <br />Sanitary sewer and water main designs shall be provided with the final plat set <br />to be reviewed by the City Engineer. Service locations shall be shown on the <br />final plans with sanitary services located 3' downstream from water services. <br />Sanitary sewer and water flow capacities meet all requirements. <br />The drainage area map shall include the boundary for flows to the northerly <br />wetland and CB55 to verify that the proposed 12-inch RCP under Livingston <br />Avenue is adequate. The City Engineer shall review and approve pipe grades, <br />erosion control measures, pond outlot controls and weir design. <br />The proposed radius of Livingston Avenue shall be 150' uistead of the required <br />275' (30 mph deagn) to allow the proposed street to be aligned to the north side <br />and around the west side of five very large, significant oaks and maples. <br />Reduced speed signage will be required. <br />Page 5 of 12